Miranda Warnings – Age Must Be Considered in Interrogations, Supreme Court Rules.

[Kronzek Cronkright]

If you watch cop shows or lawyer shows on TV, you’ve heard the phrase, “You have the right to remain silent.” This warning is part of the Miranda warnings that police officers must give to someone who: (1) is in custody, and (2) is being interrogated.  It is based on a suspect’s Fifth Amendment Constitutional Right. On June 16, 2011, the United States Supreme Court issued a ruling stating that age must be taken into account by police when determining whether these Miranda warnings must be given. Courts must also take a suspect’s age into account when deciding whether a confession given without a Miranda warning will be admissible in court. Every aggressive criminal defense attorney carefully examines an entire arrest process to determine whether the police have violated their client’s 5^th Amendment right. Justice Sotomayor wrote the majority opinion that states, “It is beyond dispute that children will often feel bound to submit to police questioning when an adult in the same circumstances would feel free to leave.” However, Justice Alito wrote for the losing dissent that “safeguarding the constitutional rights of minors does not require the extreme makeover of Miranda that today’s decision may portend.” The criminal defense attorneys at Kronzek & Cronkright agree that this new ruling is an “extreme makeover” of Miranda.

When a defendant confesses to a crime, that defendant still has a chance of getting their case dismissed by challenging the voluntariness of the confession and other important factors. If you or someone you know has confessed to a crime, now is the time to hire an aggressive defense attorney. Your attorney should think about all of the possible issues in your case to help you determine what should be the next step in your criminal defense. The right attorney is critical to protecting your freedom and your future.